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| Brennan v. Tractor Supply Co., No. 05-6487,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Filed
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Overview: In an ADEA and Tennessee Human Rights Act action, a former employee could not show that a former employer's proffered non-discriminatory reasons for not promoting the employee to assistant and store manager positions were pretextual because employee lacked management training and experience, and had history of inconsistent performance.
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| Butts v. McCullough, Nos. 05-6337, 05-6488,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Filed
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Overview: A pensioner's prima facie case and pretext evidence was not strong enough to establish a case of retaliation under 29 U.S.C.S. § 623(d), particularly in light of the union's compelling argument that it would have had no reason to retaliate when the efforts to file a grievance were directed toward an employer, not the union.
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| Dick's Sport Ctr., Inc. v. Alexander, No. 06-1626,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Filed
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| Mutchler v. Dunlop Mem'l Hosp., No. 06-3132,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Decided , May 2, 2007, Filed
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Overview: Where a nurse sued upon returning from carpal tunnel surgery to find her "weekender program" slot unavailable, her complaint was properly summarily dismissed as she was not FMLA-eligible under 29 U.S.C.S. § 2611(2)(A) given that an extra 20 hours for which she was compensated every two weeks as part of the program did not count as hours of service.
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| Provident Bank v. Tenn. Farmers Mut. Ins. Co., No. 06-5502,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Filed
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Overview: Reversal of summary judgment, Fed. R. Civ. P. 56, in favor of an insurer based upon a bank's failure to provide notice of foreclosure was proper because the word "foreclosure" in the insurance policy was capable of two reasonable interpretations and therefore was ambiguous. The case was remanded to determine whether the bank provided proper notice.
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| Robert N. Clemens Trust v. Morgan Stanley DW, Inc., No. 06-5525,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Decided , May 2, 2007, Filed
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Overview: District court properly granted brokerage's motion to dismiss investors' class action suit alleging that brokers recommended purchase of unsuitable securities in violation of 15 U.S.C.S. § 78j(b); heightened pleading requirement of 15 U.S.C.S. § 78u-4 was not met because investors did not plead facts giving rise to strong inference of recklessness.
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| Siby v. Gonzales, No. 05-3654,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 2, 2007, Filed
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Overview: Immigrant's notice of appeal was properly denied by the Board of Immigration Appeals because the immigrant's and his attorney's failure to follow up with Federal Express to inquire about the whereabouts of the paperwork suggested that the case did not present the extraordinary circumstances necessary to overcome the BIA's strict deadlines.
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| Kleiber v. Honda of Am. Mfg., No. 06-3490,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 3, 2007, Decided , May 3, 2007, Filed
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Overview: Employer was entitled to summary judgment on claims under ADA, 42 U.S.C.S. § 12101 et seq., and Ohio Rev. Code Ann. § 4112.02; employee, who suffered head injuries in off-the-job accident, did not raise genuine issues as to whether he was qualified for open position or whether reasonable accommodation was denied through interactive process failure.
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